The IBAHRI submits letter to the President of Romania regarding the independence of judiciary

In November 2018, the International Bar Association’s Human Rights Institute (IBAHRI) wrote to the President of Romania, Mr Klaus Iohannis, with concern regarding disciplinary action being taken against Judge Camelia Bogdan. The action is the second in two years against Judge Bodgan, who was moved from the Magistracy to the Court of Appeals for three months in 2017 for alleged conflict of interest in a case against a former senator of Romania.

The action being taken against Judge Bogdan this year is over her handling of decisions in a number of money laundering cases from 2016. Judge Bogdan had refused to unjustifiably delay the cases, in line with Article 6 of the European Convention on Human Rights, Article 47 of the Charter of Fundamental Rights of the European Union and Article 14 of the International Covenant on Civil and Political Rights.

The independence of the judiciary is a cornerstone to the rule of law. The United Nations Basic Principles on the Independence of the Judiciary requires States to guarantee protection against arbitrary disciplinary measures and interference in judicial proceedings. The IBAHRI is alarmed by the measures being taken against Judge Bogdan and urges the President to ensure international standards are being upheld in Romania.